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Negligence Nuisance by marson_ch13

Negligence Nuisance by marson_ch13

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Published by ramachandran_ca8060
TORTIOUS LIABILITY
TORTIOUS LIABILITY

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Categories:Types, Business/Law
Published by: ramachandran_ca8060 on Sep 04, 2010
Copyright:Attribution Non-commercial

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01/12/2014

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IV
Tortious Liability
Chapter 13
Negligence and Nuisance
Chapter 14
Economic Loss, the Liability of ProfessionalAdvisors, and Psychiatric Injury
Chapter 15
Vicarious Liability and Statutory Duties
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Why does it matter?
Torts law is particularly relevant to businesses as they need to be aware of the extent oftheir potential liabilities to workers, visitors to business premises, other businesses andto the general public. This extends to ensuring safe systems of work exist and appropri-ate insurance is maintained. Further, businesses need to be in a position where they canensure they can exclude liability for advice provided in the course of their business. Thechapters in this part of the book demonstrate the potentially significant sums involvedin tort actions, and the potential costs involved in not taking adequate steps in theirprevention.
Learning outcomes
Following reading this chapter you should be in a position to:understand the meaning of the term ‘tort’ (
13.1–13.5
)differentiate between liability in contract and liability in tort (
13.5
)explain the three tests to establish liability in tort (
13.6–13.6.3.2
)explain the facts and the court’s reasoning in
Donoghue v Stevenson
(
13.6.1
)identify the defences to a claim of negligence (
13.7–13.7.4
)identify the remedies available in claims of tortious liability (
13.8
)assess where a business or individual may commit an act of nuisance and where
they can defend such actions (
13.9–13.9.2.3
).
Key terms
These terms will be used in the chapter and it may be helpful to be aware of what theymean or refer back to them when reading through the chapter.
Duty of care
The rule that places an obligation to take reasonable care not to injure your‘neighbour’ or damage property.
Negligence and Nuisance
13
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